Township of Westampton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Westampton 1-17-1950. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries — See Ch. 63.
A Municipal Court is hereby established, effective February 1, 1950, pursuant to Chapter 264 of the Laws of 1948, as amended by Chapter 394 of the Laws of 1948 of the State of New Jersey,[1] which Court shall be known as the "Municipal Court of the Township of Westampton in the County of Burlington," and the Judge of said Court shall be known as the "Judge of the Municipal Court."
[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
Said Court shall have, possess and exercise all the functions, powers, duties and jurisdiction of a Municipal Court as prescribed by said Chapter 264 of the Laws of 1948, as amended,[1] or as may hereafter be prescribed by law.
[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
Said Judge of the Municipal Court shall have the qualifications required by law, shall be appointed by the Township Committee and shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
The Judge of the Municipal Court shall receive an annual salary to be fixed in the Salary Ordinance[1] and to be paid in the same manner as salaries of other municipal officers are paid, which salary shall be in lieu of fees, costs and any other allowances whatsoever.
[1]
Editor's Note: See Ch. 63, Salaries.
The costs and fees charged against defendants, when collected, shall become municipal funds and shall be turned over to the custodian of the funds of the municipality. The fines and penalties imposed in said Municipal Court shall be disposed of as prescribed by law.
The Municipal Court shall be held in the Township Hall, and the Judge of the Municipal Court shall sit during such hours and such times as the business of the Court may require, subject to the rules applicable to Municipal Courts.
[Added 5-13-1997 by Ord. No. 9-1997]
There is hereby created the position of Municipal Court Administrator, who shall serve on a full-time basis as the Administrator of the Township of Westampton Municipal Court. The Municipal Court Administrator shall be appointed by the Township Committee only in the event of such person's qualification to be such Court Administrator pursuant to the provisions of N.J.S.A. 2B:12-1 et seq. The Municipal Court Administrator shall perform such functions and duties as shall be prescribed for him or her by law by the New Jersey court rules applicable to municipal courts and by the Judge of the Municipal Court. The Municipal Court Administrator shall receive such compensation as shall be provided for in the annual Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 63, Salaries.
[Added 8-28-1980 by Ord. No. 7-1980; amended 5-13-1997 by Ord. No. 9-1997]
There shall be a Deputy Court Administrator of the Municipal Court of the Township of Westampton who shall be appointed by the Township Committee.
[Added 4-25-1995 by Ord. No. 7-1995; amended 5-13-1997 by Ord. No. 9-1997]
The Municipal Court Administrator shall exercise those powers assigned to said Administrator by the Municipal Court Judge and may also proceed with the powers to the Municipal Court Administrator by the provisions of N.J.S.A. 2B:12-13.
[Added 5-13-1997 by Ord. No. 9-1997]
The Township of Westampton hereby creates the position of Municipal Prosecutor who shall be appointed annually by the Township Committee and whose salary shall be established annually by the Township Committee.[1]
[1]
Editor's Note: See Ch. 63, Salaries.
[Added 5-13-1997 by Ord. No. 9-1997]
The Municipal Prosecutor shall serve under the supervision of the Attorney General or County Prosecutor, and said Municipal Prosecutor may represent this state, county or municipality in any matter within the jurisdiction of the Municipal Court.
[Added 5-13-1997 by Ord. No. 9-1997]
There shall be a Municipal Public Defender of the Township of Westampton who shall be an attorney-at-law of the State of New Jersey and shall be appointed for a one-year term to expire December 31 of the year of his appointment or until his successor has been duly appointed and qualified. The appointment of the Municipal Public Defender shall be by resolution duly adopted pursuant to the Local Public Contracts Law. [1] The Municipal Public Defender shall be appointed by the Township Committee.
[1]
Editor's Note: See N.J.S.A § 40A:11-1 et seq.
[Added 5-13-1997 by Ord. No. 9-1997]
The Municipal Public Defender shall represent those defendants in the Municipal Court of the Township of Westampton whom the Judge of the Municipal Court has determined are indigent and constitutionally or otherwise entitled by law to have counsel furnished without cost. The Municipal Public Defender shall not represent those defendants who are indigent and are constitutionally or otherwise entitled by law to counsel if such defendants affirmatively and with an understanding of the waiver of such right to counsel, state an intention to proceed without counsel. The representation of the defendant by the Municipal Public Defender shall continue through trial and, in the event of a conviction, shall continue through sentencing and shall include advising the defendant with respect to his right of appeal but shall not include the preparation and filing of the notice of appeal or any other application for postconviction relief.
[Added 5-13-1997 by Ord. No. 9-1997]
A. 
Any person applying for representation by a Municipal Public Defender shall pay an application fee of not more than $200.
[Amended 4-23-2002 by Ord. No. 5-2002]
B. 
The Municipal Court may waive any required application fee, in whole or in part, if the court determines in its discretion that the application fee represents an unreasonable burden on the person seeking representation.